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GeorgetownLawyr
GeorgetownLawyr, Attorney
Category: Legal
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Experience:  10+ Years Experience in Civil Litigation, Family, Probate and Immigration Law.
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MY HUSBAND LEFT THE HOME LAST SATURDAY. I HAD NO COMMUNICATION

Customer Question

MY HUSBAND LEFT THE HOME LAST SATURDAY. I HAD NO COMMUNICATION FROM HIM UP UNTIL YESTERDAY WHEN HE LET ME KNOW THAT HE HAD GONE INTO THE HOUSE (I WAS NOT THERE BUT HAVE BEEN THERE AND OCCUPYING THE HOUSE AT THE TIME) AND HAD GOTTEN SOME OF HIS CLOTHES AND HIS 2ND VECHILE. ALL COMMUNICATION WAS COMING FROM HIS FATHER. I MANY ATTEMPTS TO CONTACT HIM TO SEE WHERE HE WAS, IF HE WAS OKAY, TO LET HIM KNOW THAT MY MOTHER HAD BEEN RUSHED TO HOSPITAL ON SUNDAY IN RESPIRATORY DISTRESS AND ALSO THAT I WAS WILLING, READY AND ABLE TO WORK ON THIS MARRIAGE AND NOT THROW AWAY WHAT WE HAD AND STILL DID NOT RECEIVE ANY COMMUNICATION.

OUR RELATIONSHIP STARTED A DOWNWARD SPIRAL WHEN I RESIGNED MY POSITION ON SEPTEMBER 15 WITH A 30 DAY NOTICE BUT UNFORTUNATELY DUE TO PERSONAL AND FAMILY PROBLEMS I WAS NOT ABLE TO FULFULL MY 30 DAY NOTICE AND HAD TO RESIGN IMMEDIATELY ON SEPTEMBER 24. I WAS THEN TERMINATED DUE TO FAMILY AND PERSONAL REASONS-I WAS 2 DAYS SHY OF WORKING A 2 WEEK NOTICE. I AM ELIGIBLE FOR REHIRE THOUGH. I WAS A HEALTHCARE RECRUITER FOR SKILLED NURSING FACILITIES IN PA, OH, WV AD NJ AND WAS IN A HOME OFFICE WHERE I HAD BEEN EMPLOYED WITH THE COMPANY FOR 10 YEARS. MY HUSBAND WAS VERY SUPPORTIVE OF MY DECISION AT THE TIME AND AGREED THAT I NEED TO TAKE SOME TIME OFF TO SPEND MORE TIME WITH MY FAMILY AND THEN I HAD PLANNED TO GO BACK TO SCHOOL TO GET MY TEACHING DEGREE AND ONTO GET A MASTERS DEGREE IN TEACHING. I CURRENTLY HOLD A BS DEGREE IN BUSINESS ADMINISTRATION WITH AN EMPHASIS IN HUMAN RESOURCES.

IT WAS A GREAT DEAL OF STRESS AND PRESSURE BECAUSE NO ONE WAS COMMUNICATING WITH ME FROM THE COMPANY ON HOW THEY WANTED ME TO SEND BACK THE COMPANY PROPERTY, I LOST MY BENEFITS AND EVERYTHING I WORKED SO HARD FOR ALL MY LIFE.

DURING MY 30 DAY NOTICE I HAD BEEN SICK WITH BRONCITIS FOR WEEKS AND MY DOCTOR ENDED UP PUTTING ME ON PREDIZONE WHICH IN TURN DID NOT MIX WITH MY CURRENT MEDICATION THAT I TAKE FOR DEPRESSION AND ANXIETY. I WAS NOT MYSELF AND NOT ACTING MYSELF. DUE T THS MY HUSBAND TOOK ME TO EMERGENCY ROOM. I WENT AS AN INVOLUNTARY PATIENT (COPERATIVE BUT DID NOT WANT TO BE THERE-WANTED TO GO TO DOCTOR INSTEAD) BUT MY HUSBAND TOOK ME THERE ANYWAY AND THEY PUT ME IN A PSYCH WARD FROM A THURSDAY UNTIL TUESDAY WHERE I WENT THROUGH THE PROGRAM COOPERATIVE AND ATTENDING EVERY SEASON THEY HAD IN ORDER TO GET BETTER AND GET OUT OF THE HOSPITAL. WITH ME GOING IN INVOLUNTARILY, THEY COURT ORDERED ME TO STAY BECAUSE I WOULD NOT SIGN ANYTHING AND MY HUSBAND DID NOT EITHE.

AFTER I WAS RELASTED IS WHEN THEY FOUND THAT THE MEDICATION I WAS ON FOR DEPRESSION AND ANXIETY DID NOT MIX WITH THE PREDIZONE THAT I WAS GIVEN FOR EARLIER FOR BRONCITIS.

I DO NOT FEEL COMFORTABLE OR SAFE STAYING IN THE HOUSE AS WE LIVE IN A GATED COMMUNITY WHERE MY HUSBAND WORKS AND EVERYONE KNOWS US, ETC.

I NEED ADVISE ON HOW TO PROCEED. I HAVE TWIN GIRLS WHO ARE 10 YEARS OLD AND ARE NOT BIOLOGICAL HIS. WE HAVE OCCUPIED THE HOME SINCE HE LEFT AND I AM RUNNING INTO ROADBLOCKS EVERYWHERE I GO. I CAN'T GET INTO A LAWYER UNTIL TUESDAY AND REALLY NEED SOME ANSWERS AS SOON AS POSSIBLE AS I DO NOT HAVE ANY MONEY AS HE HAS CLOSED OUR JOINT ACCOUNTS. THANKS, XXXXX XXXXX
Submitted: 4 years ago.
Category: Legal
Expert:  GeorgetownLawyr replied 4 years ago.

Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

 

very sad situation...what specific question do you want answered? do you have any family members to help short-term?

Customer: replied 4 years ago.
it is a very sad situation and is affecting my whole family especially my daughters who thought of him as a father as we have been with them since they were 4 years old. i need direction as far as am i able to move out and move into a rental house? can i get my belongings out of the house such as personal, clothes for myself and my daughters with out repercussions? i am an only child and my mother is in a nursing home so she is not able to help me. i do have the support from my ex husbands family which is a God send. we really are in limbo and i need to be able to move to another location where we feel comfortable and safe. my daughters are in 5th grade and they need to be able to continuing going to school in a comfortable envioronment. i did have meeting with school-with the girls teachers, the school nurse, the guidance counselor as well as the principal and they all have been wonderful and supportive as well as understanding in ths situation. is there anything you can advise me on? thanks, jill
Expert:  GeorgetownLawyr replied 4 years ago.
yes you can take your own things out of the house, there is no issue there. you are free to move into a rental house as well, just know the rent is your responsibility for now. Notify him where you are taking the kids, that is about all i can recommend at this point as it appears you want to save your marriage, so no need to file anything legal yet if that is your plan. For now just protect your kids and leave the lines of communication open. Hopefully he is just going through a mid-life crisis and will come to his senses soon. At least you have his family's support in the interim and that is priceless. I hope this helps. Please click "accept" so that I receive credit for answering your question. I am happy to answer your follow up question at no extra cost. Thanks and best regards.
Customer: replied 4 years ago.

thanks for the answer. if i do take my things out of the house-in the state of nc there is an abandonment law. would that looks as i am abandoning the home and my marriage? also the kids are NOT biological his so there is no custody or visitation issue there. the support i have is from my EX husband's family-the father of my two daughters. i wanted to save the marriage and have tried but it is very hard to save a marriage when only one wants to work on it. there has been no communication on his part to anything i have done or said to try to work things out. i need to be able to take care of myself and my two daughters. is he allowed to close our joint accounts like he did and leave me with no money? we also have a house in nc, a rental house in fl and a boat-how will those assets be divided? the houses are in both of our names and the boat is in his name. i am also the owner of my mother's home-she deeded it over to me when she became ill. will he get half of that as well as the contents of the house which is fully furnished of my mothers possessions and being rented out to my husband's assistant. what will happen to that house?

Expert:  GeorgetownLawyr replied 4 years ago.

Actually he is the one who abandoned not you and in order to prove that in NC, there are 3 elements:

 

Within the context of North Carolina Family law, "abandonment" has 3 elements. These elements are (1) one spouse brings cohabitation to an end without justification, (2) without the consent of the other spouse and (3) without the intent of renewing it. Panhorst v. Panhorst, 277 N.C. 664 (1971). In order to prove abandonment, you must prove all 3 elements.

 

you have justification to leave and you intend to go back if you can work it out so there is no abandonment on your part. As to the joint bank account. any person can close a joint bank account but if you go through a divorce the judge will still count the amount of money that was in the account before your husband closed it and will divide the amount was in there equally when all assets are divided. so his is a temporary victory at best.

all assets acquired during the marriage is a marital asset. It doesn't matter whose name it is in. One of the exceptions is an inheritance or gift. So your mother's house and your mother's possessions belong to you only and not to the marriage. I urge you to meet with a local attorney asap to discuss the specifics and your complete rights.

 

I hope this helps. Please "accept" so that I may receive credit. Thanks again.

Customer: replied 4 years ago.

one more question-when will any funds be released to me in our joint account so i can pay the bills and live? my credit is going to be down the drain if i don't get some of these bills paid. thanks much, you have been very helpful.

Expert:  GeorgetownLawyr replied 4 years ago.
there are no funds in the account. you said he took it all and closed it, so unless you go and file an emergency motion in court for temporary support you will receive nothing from him until you are divorced. so it's a catch 22. either you are filing for divorce and in the divorce petition you ask for temporary support from him or you are hoping he comes back and work it out and therefore you are on your own to do your best financially until that happens. If money is a serious issue you may need to file the divorce petition and ask for temporary support. you can always withdraw a divorce petition if you work things out but without filing something you will not be awarded anything from the joint account absent a final divorce and distribution of marital assets. I believe I have answered all of your questions. I would appreciate an "accept" or I get no credit. I really have no problem answering follow up questions even after an 'accept' thanks and kind regards.
GeorgetownLawyr, Attorney
Category: Legal
Satisfied Customers: 12047
Experience: 10+ Years Experience in Civil Litigation, Family, Probate and Immigration Law.
GeorgetownLawyr and 10 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
i don't know if there is any money or not in the account. all the bank told me was that he closed it on 10/25. why would he be legally able to close the account with my name on it jointly. why since it is a joint account would i not to also have to sign off to the closing of the account? also why would i not be entitled for him to give me back half of the money that he took out if that is what he did when he closed it. the problem with waiting until we are divorced, in NC you have to be legally seperated for a 1 before you can file for divorce. what would you suggest in this situation? is there where the emergency motion in court for temporary support. i am currently unemployed and need to have money coming in as i can't wait for a year to get the money i need in order to put down on a rental as well as food on the table. thanks for all your help and any additional advise you can provide would be greately appreciated. jill
Expert:  GeorgetownLawyr replied 4 years ago.
if its closed there is no money in the account. you need to understand how a joint account works. It doesn't mean the other party has to get your consent to do anything with the account. it means you both own the account 100% in your own right as individuals and you can do what you want to the account without the other person's permission so he was in his legal rights to take all the money and so are you if there was anything in it. The closing now should have been you both but the taking of all the money was within his right to do so. He may have forged your name to get it closed. you may want to see the documents submitted to close the account, however that does not address the issue that all the money in the account is gone. Yes I understand the one year wait but that has nothing to do with filing for temporary support and maintenance. clearly he doesn't care about your struggle as he knew you cannot support yourself and you are going to have to file with the court to get some kind of support now or turn to government agencies to take care of you and your kids. There is not much you can do between now and Tuesday anyway, so when you see the lawyer these are all best discussed with the local lawyer. Thanks and best regards.
Customer: replied 4 years ago.

thanks for your help and you clarify my questions. jill

Expert:  GeorgetownLawyr replied 4 years ago.
No problem Jill. I feel for you. Good luck and take care of those girls. don't forget they need you and they look to you to know how to handle this so if you freak out and break down, so will they. be strong for them.

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